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Name: U.S. v. Hantzis
Case #: 05-50507
Opinion Date: 11/04/2010
Citation: 625 Fed.3d 575
Summary

Once a defendant knowingly and intelligently waives counsel, a court need not repeat Faretta advisements at every hearing or at every stage. Appellant was represented by counsel at trial. After he was convicted, appellant filed several pro se motions even though he was still represented by counsel. The court scheduled a hearing on these motions, and appellant sought a continuance and asked to represent himself. The court gave Faretta admonishments and granted the request. At a later date, the court held an evidentiary hearing on appellant’s motions, and sometime after that a sentencing hearing. Appellant represented himself at these proceedings. Appellant argued on appeal the Faretta warnings should have been repeated before the evidentiary hearing as well as before sentencing. The appellate court found re-advisement is not necessary unless there are intervening events which substantially change the circumstances and affect the defendant’s understanding of the charges or the penalties he faced. That was not the case here.